theory upon principle in Washington

2024Groff v. Dep’t of Lab. & Indus., 65 Wn.2d 35, 44 , 395 P.2d 633 (1964); Miller v. Dep’t of Lab. & Indus., 200 Wash. 674, 682-83 , 94 P.2d 764 (1939): 4 No. 39935-4-III James v. City of Spokane It is a fundamental principle which most, if not all, courts accept, that if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is tha

2024Groff v. Dep’t of Lab. & Indus., 65 Wn.2d 35, 44 , 395 P.2d 633 (1964); Miller v. Dep’t of Lab. & Indus., 200 Wash. 674, 682-83 , 94 P.2d 764 (1939): 4 No. 39935-4-III James v. City of Spokane It is a fundamental principle which most, if not all, courts accept, that if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is tha

2003Davis, 119 Wn.2d at 665 .

2003State v. Davis, 119 Wash.2d 657, 665 , 835 P.2d 1039 (1992).

2009Dennis, 109 Wash.2d at 471 , 745 P.2d 1295 (quoting Miller, 200 Wash. at 682-83 , 94 P.2d 764 and citing Wendt v. Dep't of Labor & Indus., 18 Wash.App. 674, 682-83 , 571 P.2d 229 (1977)). ¶ 18 If a worker is to be taken with all of his or her preexisting frailties and bodily infirmities, it is axiomatic that older, more mature workers will often have bodies experiencing degenerative processes and feeling the effects of wear and tear over the years.

2009Dennis, 109 Wn.2d at 471 (quoting Miller, 200 Wash. at 682 -83 and citing Wendt v. Dep’t of Labor & Indus., 18 Wn.

2009Dennis, 109 Wash.2d at 471 , 745 P.2d 1295 (quoting Miller, 200 Wash. at 682-83 , 94 P.2d 764 and citing Wendt v. Dep't of Labor & Indus., 18 Wash.App. 674, 682-83 , 571 P.2d 229 (1977)). ¶ 18 If a worker is to be taken with all of his or her preexisting frailties and bodily infirmities, it is axiomatic that older, more mature workers will often have bodies experiencing degenerative processes and feeling the effects of wear and tear over the years.

2009Dennis, 109 Wn.2d at 471 (quoting Miller, 200 Wash. at 682 -83 and citing Wendt v. Dep’t of Labor & Indus., 18 Wn.

1949(Skansi v. Novak, 84 Wash. 39 , 146 Pac. 160 ) and the title is not to be overcome by evidence of entry and occupation alone, but the hostile intent must be clearly demonstrated, that is to say: “ ‘ “Regard must be had to the nature or quality of the acts, and to the situation of the property, as well as to the theory upon which the doctrine of adverse possession rests “ ‘The circumstances of possession must be of such nature as to preclude a conclusion that the owner was misled by *575 facts from which he might reasonably have supposed a mere trespass had been or was being committed, instead

1949(Skansi v. Novak, 84 Wash. 39 , 146 Pac. 160 ) and the title is not to be overcome by evidence of entry and occupation alone, but the hostile intent must be clearly demonstrated, that is to say: “ ‘ “Regard must be had to the nature or quality of the acts, and to the situation of the property, as well as to the theory upon which the doctrine of adverse possession rests “ ‘The circumstances of possession must be of such nature as to preclude a conclusion that the owner was misled by *575 facts from which he might reasonably have supposed a mere trespass had been or was being committed, instead

2024Groff v. Dep’t of Lab. & Indus., 65 Wn.2d 35, 44 , 395 P.2d 633 (1964); Miller v. Dep’t of Lab. & Indus., 200 Wash. 674, 682-83 , 94 P.2d 764 (1939): 4 No. 39935-4-III James v. City of Spokane It is a fundamental principle which most, if not all, courts accept, that if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is tha

2024Groff v. Dep’t of Lab. & Indus., 65 Wn.2d 35, 44 , 395 P.2d 633 (1964); Miller v. Dep’t of Lab. & Indus., 200 Wash. 674, 682-83 , 94 P.2d 764 (1939): 4 No. 39935-4-III James v. City of Spokane It is a fundamental principle which most, if not all, courts accept, that if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is tha

1998App. 913, 917 , 883 P.2d 329 (1994), review denied, 126 Wn.2d 1008 (1995).

1998DISCUSSION “Generally, an instruction can be given to the jury if evidence exists to support the theory upon which the instruction is based.” State v. Trujillo, 75 Wn.

1992State v. Hughes, 106 Wn.2d 176, 191 , 721 P.2d 902 (1986); see also State v. Heath, 35 Wn.

1992State v. Hughes, 106 Wn.2d 176, 191 , 721 P.2d 902 (1986); see also State v. Heath, 35 Wn.

1986App. 689 , 694 n.2, 688 P.2d 538 (1984) C'[T]he fact that Trina may have been incompetent to testify at the time she made her declaration or at the time of trial is not dispositive with respect to the admission of the hearsay declarations, provided the circumstances sustain the theory upon which the exception was founded."), review denied, 103 Wn.2d 1013 (1985).

1985Miller v. Department of Labor & Indus., 200 Wash. 674, 682-83 , 94 P.2d 764 (1939); see also Bennett v. Department of Labor & Indus., 95 Wn.2d 531, 533 , 627 P.2d 104 (1981); Kallos, 46 Wn.2d at 29-30 .

1985It is a fundamental principle which most, if not all, courts accept, that, if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is that the workman's prior physical condition is not deemed the cause of the injury, but merely a condition upon which the real cause operated. *575 Miller v. Department of Labor & Indus., 200 Wash

1984Beck v. Dye, 200 Wash. 1, 14 , 92 P.2d 1113 , 127 A.L.R. 1022 (1939) (Jeffers, J., dissenting); State v. Bloomstrom, 12 Wn.

1984Beck v. Dye, 200 Wash. 1, 14 , 92 P.2d 1113 , 127 A.L.R. 1022 (1939) (Jeffers, J., dissenting); State v. Bloomstrom, 12 Wn.

1984Beck v. Dye, 200 Wash. 1, 14 , 92 P.2d 1113 , 127 A.L.R. 1022 (1939) (Jeffers, J., dissenting); State v. Bloomstrom, 12 Wn.

1948McClellan v. Schwartz, 97 Wash. 417 , 166 Pac. 783 .

1948McClellan v. Schwartz, 97 Wash. 417 , 166 Pac. 783 .

1939Hartz v. Hartford Faience Co., 90 Conn. 539 , 97 Atl. 1020 ; Studebaker Corp. v. Jones, 104 Ind. App. 270 , 10 N. E. (2d) 747; Doane v. Board of Commissioners, 163 So.

1939Hartz v. Hartford Faience Co., 90 Conn. 539 , 97 Atl. 1020 ; Studebaker Corp. v. Jones, 104 Ind. App. 270 , 10 N. E. (2d) 747; Doane v. Board of Commissioners, 163 So.

1939Hartz v. Hartford Faience Co., 90 Conn. 539 , 97 Atl. 1020 ; Studebaker Corp. v. Jones, 104 Ind. App. 270 , 10 N. E. (2d) 747; Doane v. Board of Commissioners, 163 So.